{
    "case_number": "CAC-UDRP-107441",
    "time_of_filling": "2026-08-17 11:12:02",
    "domain_names": [
        "4rainfast.shop"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Otto Graf GmbH Kunststofferzeugnisse"
    ],
    "complainant_representative": "Dr. Holger Gauss (Grünecker Patent- und Rechtsanwälte PartGmbB)",
    "respondent": [
        "Hugo  Chapman"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The following facts are asserted by the Complainant and are not contested by the Respondent.<\/p>\n<p><\/p>\n<p>The Complainant, based in Germany, was established in 1962 and is a leading vendor in the field of rainwater utilisation and management systems. It develops, manufactures and markets an extensive range of products for water management, including filters and tanks for the harvesting and purification of rainwater, and its products are sold in Germany and in more than 80 further countries, including through specialist retailers and online. The Complainant makes its brands available through its own websites at &lt;graf.info&gt; and &lt;garantia.com&gt;.<\/p>\n<p><\/p>\n<p>4RAIN is the Complainant&rsquo;s brand for rainwater harvesting, storage and management solutions, comprising above ground and underground rainwater tanks, rainwater utilisation systems for homes and gardens, infiltration and stormwater retention systems, and accessories such as filters, pumps and control units. MODULARIS, GARANTIA, RAPIDO and GRAF are further marks of the Complainant used in relation to products within the same range.<\/p>\n<p><\/p>\n<p>The disputed domain name &lt;4RAINfast.shop&gt; was registered on August 22, 2025. It resolves to an online shop presented in the German language which displays a 4RAIN logo, accompanied by a water droplet graphic, at the head of each page. The shop offers what are presented as the Complainant&rsquo;s own products under listings such as &ldquo;4RAIN Flachwassertank Komplettpaket&rdquo;, &ldquo;4RAIN MODULARIS Erdtank&rdquo;, &ldquo;4RAIN Terra Regentonne&rdquo;, &ldquo;4RAIN Classic Regentonne&rdquo; and &ldquo;GARANTIA RAPIDO Regensammler&rdquo;, and it reproduces product photographs and descriptive text taken from the Complainant&rsquo;s own website and catalogue.<\/p>\n<p><\/p>\n<p>The prices displayed at the website are a small fraction of the Complainant&rsquo;s recommended retail prices for the same goods. By way of example, a 5000 litre 4RAIN Flat tank system is offered at EUR 22.20 against a recommended retail price of EUR 2105; a 2500 litre 4RAIN Modularis tank system is offered at EUR 22.80 against a recommended retail price of EUR 825; and a 275 litre 4RAIN Terra wall tank is offered at EUR 21.90 against a recommended retail price of EUR 147. The Complainant states that the number of such listings is in the double digits.<\/p>\n<p><\/p>\n<p>The website carries no imprint or other identification of the company operating it. Its contact page gives only a telephone number, the e-mail address customer@4RAINfast.shop and a postal address in Koblenz, Germany. There is nothing at the website which discloses the absence of any relationship between its operator and the Complainant. The Complainant states that its research identified no registered company at the address given by the Respondent in the registration record and that the address appears to correspond to a private residential property.<\/p>\n<p><\/p>\n<p>The Complainant became aware of the disputed domain name through a report from a customer. On May 15, 2026 that customer wrote to the Complainant stating that, on April 28, 2026, she had ordered a &ldquo;4RAIN slim wandtank 500l&rdquo; and an &ldquo;Aqua Tower 350L&rdquo; water reservoir from the website at the disputed domain name for EUR 127.20 and EUR 75.00, in the belief that it was the Complainant&rsquo;s own website. Her payment was taken and appeared on her bank statement under the name &ldquo;MH SMART MOTORS LTD&rdquo;, but no goods were ever delivered. Her e-mail to customer@4RAINfast.shop was returned as undeliverable, she could reach nobody by telephone, and MH SMART MOTORS LTD replied that it had nothing to do with her order.<\/p>\n<p><\/p>\n<p>On June 30, 2026 the Complainant wrote to the e-mail address given at the website in an attempt to clarify the matter. That message also returned a delivery failure notice indicating that the recipient server did not accept connection requests.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
    "no_response_filed": "<p><strong>COMPLAINANT<\/strong><\/p>\n<p>The disputed domain name is confusingly similar to the Complainant&rsquo;s 4RAIN trademark. It contains the trademark in its entirety and adds only the term &ldquo;fast&rdquo;, a general English word referring to a quick service or solution. The word element 4RAIN is dominant and recognisable notwithstanding the stylisation of the registered marks, and descriptive additions of this kind do not avoid a finding of confusing similarity.<\/p>\n<p><\/p>\n<p>The Respondent has no rights or legitimate interests in the disputed domain name. There is no relationship between the Parties and the Respondent has never received any approval, express or implied, to use the Complainant&rsquo;s trademarks or to register the disputed domain name. The disputed domain name is used to impersonate the Complainant in order to defraud internet users, offering products bearing several of the Complainant&rsquo;s trademarks at prices at which they could not conceivably be sold, and at least one instance of such fraud has in fact occurred. Use of this character cannot amount to a bona fide offering of goods or services.<\/p>\n<p><\/p>\n<p>The disputed domain name was registered and is being used in bad faith. The Respondent deliberately registered a domain name incorporating the Complainant&rsquo;s 4RAIN trademark in order to facilitate fraudulent activity, and the use of the Complainant&rsquo;s MODULARIS, RAPIDO, GRAF and GARANTIA trademarks at the resolving website creates the false impression that the website is affiliated with or authorised by the Complainant. The pricing structure leaves no doubt that this is not a genuinely discounted online shop but a scam. The Respondent has thereby intentionally attempted to attract, for commercial gain, internet users to its website by creating a likelihood of confusion with the Complainant&rsquo;s trademarks as to the source, sponsorship, affiliation or endorsement of that website, conduct falling within paragraph 4(b)(iv) of the Policy.<\/p>\n<p><\/p>\n<p><strong>RESPONDENT<\/strong><\/p>\n<p><strong><\/strong><\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Steven Levy"
    ],
    "date_of_panel_decision": "2026-09-14 00:00:00",
    "informal_english_translation": "<p>The Complainant owns registered trademark rights in the 4RAIN mark, including the following:<\/p>\n<ul>\n<li>European Union trademark registration no 004009536 for the figurative mark 4RAIN, applied for on September 3, 2004 and registered on December 15, 2005, in classes 11, 19 and 20; and<\/li>\n<li>United Kingdom trademark registration no UK00904009536 for the figurative mark 4RAIN, applied for on September 3, 2004 and registered on December 15, 2005, in classes 11, 19 and 20.<\/li>\n<\/ul>",
    "decision_domains": {
        "4rainfast.shop": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}